Esteva v. City of New York

*213Order, Supreme Court, Bronx County (Paul A. Victor, J.), entered August 26, 2005, which, to the extent appealed from, denied the motion for summary judgment dismissing the complaint and all cross claims as against defendant Catsimatidis, unanimously affirmed, without costs.

Plaintiff was allegedly injured in a trip and fall near a bus shelter. Catsimatidis, an abutting landowner, denied any obligation to maintain the public sidewalk. Denial of an earlier dismissal motion was followed by discovery, after which Catsimatidis made the instant motion, relying primarily on excerpts from the…